Montgomery must alter pregnancy centers law, judge rules

Baltimore city decision cited in opinion

A U.S. District Court judge has weakened a law in Montgomery County requiring some pregnancy centers to post information about the care they provide.

In an opinion issued Tuesday, Judge Deborah K. Chasanow found that the county no longer can require anti-abortion pregnancy centers to post signs implying that pregnant women should seek care elsewhere.

The judge upheld the county's right to advise women that the centers do not have licensed medical professionals on staff  at least until a trial on the matter has concluded. No date has been set for the trial.

Centro Tepeyac Women's Center in Silver Spring, one of four limited-service pregnancy centers affected by the law, sued the county to overturn the law on the grounds that it restricts freedom of speech. Before the trial begins, The Alliance Defense Fund, which is representing the pregnancy center, filed a motion to prevent the law from taking effect while it was being challenged in court.

Tuesday's opinion on the motion upheld a portion of the county law.

The County Council  acting as the Board of Health  passed a law in February 2010 requiring centers that do not provide abortions or do not provide referrals to abortion clinics to post disclaimers visible to those seeking care.

The signs must state the center "does not have a licensed medical professional on staff," and the "Montgomery County Health Officer encourages women who are or may be pregnant to consult with a licensed health care provider."

The council passed the law, saying anti-abortion pregnancy centers were providing inaccurate information to women  a claim critics and the centers deny.

However, Chasanow ruled Tuesday that the county no longer can require the centers to state the health officer's recommendation.

Montgomery County modeled its law after one in Baltimore city that was struck down in January.

Former Montgomery County Councilwoman Duchy Trachtenberg, of North Bethesda, who sponsored the county law, did not return a call for comment.

Montgomery County Attorney Marc Hansen said the lawsuit will continue, with a judge determining whether the county can require the first part of the disclaimer  that the centers do not have licensed medical professionals on staff.

Councilman George L. Leventhal (D-At large) of Takoma Park said the council likely would meet in private next week to determine whether to appeal the judge's ruling.

"I am surprised that a judge would not allow the county to require posting a suggestion that pregnant women should see a doctor," Leventhal said. "That seems like good public health policy to me."

Matt Bowman, an attorney with the Alliance Defense Fund, said he believed the pregnancy center would prevail.

"We will show that the county has no facts to justify the idea that any signs are needed except the ideological complaints of abortion activists," he said. "There are no facts, no examples of a pregnancy center doing anything but offering real help to women."

Melissa Kleder, interim director of NARAL Pro-Choice Maryland in Silver Spring, said the law is constitutional and urged the judge to reconsider her position.

"Our ultimate goal is to ensure that Montgomery County women are not misled or deceived when making decisions about what's best for them and their families," Kleder said.